J1 waiver from USCIS

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postdoc70

Registered Users (C)
Hi all
Finally, I got the J1 waiver (I-797) approval notice from USCIS. Any one can please give me suggestion to file the green card from J1 Visa?

Thanks
postdoc70
 
I did not apply for I-140 yet. I want to start the Green card processing now. What would be the better way ?
1.Through J1 or
2.first change my status to H1 and then apply..
I'm already married with non_us.
 
You cannot apply for a green card if you don't already have an immigrant petition approved or pending. You may (as of now) also submit an employment based immigrant petition along with a green card application, depending on which country you are from and what kind of degree you hold. If you need more help, please give more info about yourself (your line of work, the nature of your employer, your degree, etc) and we can probably advise you. But you just cannot apply for a green card by itself just like that. If you want to file an I-140, you do NOT have to get an H1B first. You can do it straight from a J-1 (assuming it is still valid).
 
Thanks for your quick response. I have Ph.D & working as a Researcher in University and my J1 is vaild till 2009 i and I am eligible for EB1 category. question is that, either I can apply petition on same status or I have to change to H1B, which way is better?

Thanks
Postdoc70
 
You can apply for EB1 in any status you want, it doesn't matter. What matters is that you are in the US legally when you apply for your green card. The only difference is if you think you will gain more experience while you are on an H-1 (more publications, conferences, etc), then do that first. But if your visa status will not affect your productivity or your potential in order to give you an opportunity to make your petition 'juicier' (more papers, positions, etc), then it doesn't really matter and you don't have to get H-1B first.
 
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